Role of public prosecutor
Ranganath
(Querist) 12 June 2009
This query is : Resolved
Ld counsels,
What is the role of public prosecutor while appearing for an anticipatory bail hearing. Once the bail is ordered is it valid or legal for the PP to say that he had failed to notice the allegations in the complaint and had reported only the part of the offenses made out in the complaint to the court during the hearing.
How will such a failure be treated by the court at a later point. The point here is that the bail was pryed fearing arrest based on dowry complaint and the prosecutor confirmed that it is a case of dowry demand. But later the complaint copy was altered by police with allegations of cheating which was not repoted by the PP during the hearing.
Please clarify. Thanks
Kiran Kumar
(Expert) 12 June 2009
well PP is also an officer of the court and he is supposed to assist the court with full honesty.
complete blame can not be put to him on this issue, the records were also in front of the judge.
if the complaint/ FIR was altered by the Police then how can we held the PP responsible for this.
if u are not satisified with the order then u can proceed for the cancellation of bail.
and as far as offences are concerned all such issues can even be raised at the time of framing of issues.
Kiran Kumar
(Expert) 12 June 2009
well PP is also an officer of the court and he is supposed to assist the court with full honesty.
complete blame can not be put to him on this issue, the records were also in front of the judge.
if the complaint/ FIR was altered by the Police then how can we held the PP responsible for this.
if u are not satisified with the order then u can proceed for the cancellation of bail.
and as far as offences are concerned all such issues can even be raised at the time of framing of issues.
deepak kumar
(Expert) 13 June 2009
i fail to understand how a complaint can be altered subsquently? the police must have added sections only.
however whether the complaint/ FIR was annexed with the bail application and if so whether it was the original or altered. If it was the subsequent then the fault lies with the PP but if it was the original then it will be supression of vital fact and bail is liable to be cancelled on an application of cancellation made by state.
Ranganath
(Querist) 14 June 2009
Ld Counsels, The whole point is there was no FIR registered based on this complaint. The bail was ordered with unknown crime no. The status of this complaint is still pending investigation. BUt later a FIR is registered u/s 420, 417 based on another complaint. After this the first complaint was altered in all the places it was lying. Since PP was given a copy of it the same copy was replaced with a forged one probably without his knowledge. The altered complaint has improvements in order to support the FIR registered after one month of the first complaint.
Now what can the accused do about this forgery. How will the police or the PP explain the (pre-assumed) ommision by the PP about the cheating allegations. The bail order says "Case of the prosecution is dowry demand and ill-treatment." But the FIR is u/s 420 and 417.
PALNITKAR V.V.
(Expert) 27 June 2009
It seems that two complaints were filed. The first one was not registered as FIR where as the second one with additional/different allegations was registered. In fact there is no prohibition for filing a second complaint with additional or different facts.
Ranganath
(Querist) 28 June 2009
Dear Sir, Thanks for our response. It is ok that there is a second complaint. But what if the PP didnt say all the main allegations in the first complaint to the court during the hearing of Anticipatory bail. Pls clarify.
